REQUEST FOR PROPOSALS for Authorized Providers of Continuing Education Credits

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1 REQUEST FOR PROPOSALS for Authorized Providers of Continuing Education Credits RFP ISSUANCE: January 22, 2015 PROPOSAL DUE DATE: Open Submittal I. ABOUT DBA INTERNATIONAL DBA International (DBA) is the nonprofit trade association that represents the interests of more than 550 companies that purchase performing and nonperforming receivables on the secondary market. DBA s Receivables Management Certification Program and its Code of Ethics set the gold standard within the receivables industry due to its rigorous uniform industry standards of best practice which focus on the protection of the consumer. DBA provides its members with extensive networking, educational, and business development opportunities in asset classes that span numerous industries. DBA continually sets the standard in the receivables management industry through its highly effective grassroots advocacy, conferences, committees, taskforces, publications, webinars, teleconferences, and breaking news alerts. Founded in 1997, DBA International is headquartered in Sacramento, California. II. PURPOSE OF RFP DBA International is seeking proposals from qualified companies, schools, and associations (Applicant) who wish to be an Authorized Provider of Continuing Education Credits (Authorized Provider) for the DBA International Receivables Management Certification Program (Certification Program). Authorized Providers will be listed on the DBA Website and in collateral material as eligible to grant continuing education credit for courses in qualified subject matters contained in the Certification Program Governance Document. III. CERTIFICATION PROGRAM OVERVIEW The DBA International Receivables Management Certification Program consists of two types of certifications, one for individuals and one for companies operating a debt buying company, collection law firm, or third party January 2015 Page 1 of 5

2 collection agency. The Certification Program was approved by the DBA Membership in February 2013 after a Certification Task Force spent nearly a year in its development. DBA issued its first certifications in May Company-Based Certification The Certified Professional Receivable Company (CPRC) designation will be granted to those debt buying companies, collection law firms, and third party collection agencies that comply with uniform industry standards of best practices. These standards address core principles including account documentation, chain of title, consumer complaint and dispute resolution, posting of contact information for the Chief Compliance Officer, establishing a CFPB portal for the receipt of consumer complaints, statute of limitation compliance, representations & warranties, vendor management, credit bureau reporting, resale, as well as other relevant operational procedures. Certification is a requirement for all domestic debt buying companies seeking DBA membership. Individual-Based Certification The Certified Receivables Compliance Professional (CRCP) designation will be required for each certified company s Chief Compliance Officer and will be a voluntary designation for others within the industry. Certification will be granted to those who complete 24 credit hours of relevant industry education requirements every two years. Included within the 24 credit hours are several mandatory classes, including an Introductory Survey Course (for initial certification), a Current Issues Course (for recertification); and Ethics Courses. Additionally, the applicant must pass a criminal background check. The qualified subject matter that has been approved for continuing education courses includes the following: 1099c Account Documentation (at point of sale) Account Documentation (access to after sale) Account level data requirements (min. standards) Accounts Closing Accounts Recalling Affidavits (Account) Affidavits (Portfolio) Affidavits (State requirements) Attorney General Interaction Attorney Representation Issues Audited Financial Statements Audits Automated and Predictive Dialers Background Checks Bankruptcy Code Bankruptcy Better Business Bureau Bills of Sale Business Management Practices Business Records Exception Rule Call Monitoring Call Recording and Retention Policies Cease and Desist Issues Cell-phone Communications CFPB Portal Chain of Title Issues & Requirements Charge-Off Account Statements Chief Compliance Officer Role of Cloud Based Systems Collection Letters Compliance Policies Confidential Tip Lines Confidentiality and Non-Disclosure Agreements Consent to Sale Provisions Consumer Bill of Rights Consumer Communications Consumer Complaint and Dispute Resolution Process Consumer Disputes Verbal & Written Consumer Education on Financial Responsibility Consumer Financial Protection Bureau (CFPB) Consumer Notices Consumer Support Services Convenience Fees Court Rulings Impacting Debt Buying Companies Credit Bureaus In General Credit Bureaus E-Oscar and FACT Act Disputes Credit Bureaus Reporting Credit Bureau Updates Data Access & Control Data Accuracy and Integrity Data Backup Data Destruction Data Reconciliation (conformity, integrity, system of record) Data Security Data Vendors Deceased Debtors Disaster Recovery Disclaimers and "Negative" Representation and Warranties Do-Not-Call Policies Due Diligence (e.g. seller surveys, selection of vendors) Communications Employee Compensation & Commission Issues Employee Manual Employee Supervision & Oversight Employment Policies Encryption Escrow Account Issues Ethical Codes of Conduct (Employees) January 2015 Page 2 of 5

3 Ethical Codes of Conduct (Industry DBA, ACA, NARCA, and CLLA) Fair Credit Reporting Act (FCRA) Fair Debt Collection Practices Act (FDCPA) FDCPA Complaints How to handle them Federal Communications Commission (FCC) Federal Trade Commission (FTC) Fraud Gramm Leach Bliley (GLB) Act Hardship Policies and Programs Hiring Practices Identity Theft Indemnification Ineligible Account Definitions (e.g. compliance, legally uncollectible, or unenforceable) Insurance Insurance Errors & Omissions (E&O) Insurance Directors & Officers (D&O) Insurance Workers Compensation Interest Application Investigations External Investigations Internal Itemization of Interest and Fees Laptop Security Litigation Location Requirements Malware Media Systems and Operations Mini Miranda Off-site Hosted Platforms Original Data Overrides Issues Pass through Rights Passwords Payday Loans Payment Application Payment History Policy Violations How to Find & Handle Privacy Laws State & Federal Publication of Contact Information Purchase & Sale Agreements Quality Assurance/Control Processes Recalling Accounts Records Management Records Retention Red Flag Rules Representations and Warranties (standard language) Resale Issues In General Resale Policies and Practices Right Party Contact Security Breaches Service of Process Servicing Agreements Settlement Agreements Skip Tracing Social Media Standards and Controls (e.g. SSAE 16, PCI, ISO 27001) State Licensing Requirements State Notice Requirements Statute of Limitations In General Statute of Limitations Out of Stat Statute of Limitations Rehabilitation Supervisory Issues Telephone Consumer Protection Act (TCPA) Terms and Conditions Theft Third Party Issues Third Party Penalties for Non- Compliance Time-of-sale documentation standards (e.g. Bills of Sale, Portfolio Affidavits) Training Programs Transmitting Files Trust Fund Truth in Lending Act Unfair, Deceptive or Abusive Acts and Practices (UDAAP) Usurious Loans Validation Notice Requirements Vendor Management In General Vendor Management Audits Vendor Management Oversight Verification of Consumer Debt Voic Messages Wrong Numbers IV. RFP REQUIREMENTS The Applicant prior to submitting a proposal should review Article VI and Appendix B of the DBA International Certification Program Governance Document. The Applicant must provide the following in their proposal in order to be eligible for consideration as an Authorized Provider for the Certification Program: 1. Detailed specifics that would support a determination by DBA that the Applicant has demonstrated excellence in providing instruction in the subject matter that is qualified for continuing education credit. 2. Describe your company, school, or association including (i) the types of educational services you provide, (ii) the total number of employees you employ, (iii) the average number of students you educate annually, and (iv) the average number of classes you provide annually. January 2015 Page 3 of 5

4 3. Will your company be selling or marketing any product or service in conjunction with the provision of continuing education classes? If yes, please describe. 4. Describe your company, school, or association s ability to provide online education (Note: The ability to provide online education is not a requirement to become an Authorized Provider). 5. A brief biography of the lead individual who would be assigned to the Certification Program. 6. A sample of the Continuing Education Certificate the Applicant will issue if approved by DBA, along with the name, title, contact information, and sample signature of the individual(s) who will sign the certificates. 7. Any questions the Applicant would want answered after reading the DBA International Receivables Management Certification Program Governance Document and its appendices. Please note that this question is to elicit questions to help DBA International in the operation of the Certification Program. 8. Two (2) completed and signed copies of DBA s Authorized Provider License Agreement. Please note that the completion of the Authorized Provider License Agreement does not indicate that the Applicant has been approved as an Authorized Provider. The Applicant will know they have been approved when contacted by DBA staff and provided a DBA countersigned copy of the Authorized Provider License Agreement. V. ADMINISTRATIVE MATTERS The following are the terms and conditions for those companies, schools, and associations who wish to respond to this RFP: 1. Right to Reject Any or All Proposals DBA International reserves the right to reject any or all proposals for any reason, and/or request clarification or information submitted by any Applicant responding to this RFP during the evaluation process and at any time while designated as an Authorized Provider. DBA International may reject any responses which are conditional, incomplete, or that contains any material deviations from the RFP requirements. Finally, DBA International reserves the right to modify its requirements based on responses to this RFP. 2. Ownership of Replies All materials submitted in response to this RFP become the property of DBA International and may at any time prior and/or subsequent to the notification of the intent to award contract be reviewed and evaluated by any persons. These materials may be returned only at DBA International s option and at the Applicant s expense. One copy of the proposal shall be retained for official DBA International files. 3. Contact for Information Verbal communication with DBA International employees concerning this RFP is not binding on DBA International. Inquiries regarding this RFP may be made to: Shannon Parod DBA International 1050 Fulton Avenue, Suite 120 Sacramento, CA sparod@dbainternational.org (916) January 2015 Page 4 of 5

5 4. License Agreement Requirements Awarding the Applicant an Authorized Provider designation for providing continuing education credits will require execution of a license agreement with DBA International. License Agreements will only be entered into with companies, schools, and associations that are DBA International Affiliate or Law Firm Members prior to the execution of the agreement. 5. Submission of Proposals This is an open RFP and Applicants may submit proposals up and until such time that this RFP has been removed from the DBA website. The Applicant should a copy of their proposal to the designated DBA International contact person identified in paragraph 3 above clearly marking in the subject line "Education Provider RFP Submission". January 2015 Page 5 of 5